Anyone Receive A "fair" Decision The First Time?

[AFMedic09]

I know everyone's ideas for what they feel they should be rated vary. I am just wondering if anyone has had to wait, but in the end received a fair rating? I am in the St. Pete RO, and am waiting. I tried to seach this topic, but couldn't find one. (Might be an ominous sign) Has everyone had to appeal their initial decision? Did you get a lower rating, but find that the justification was fair, and did not appeal? Just wondering....Thanks!!

[AFMedic09]

Georiapapa - What a LONG road. :( That does not give my any confidence at all in this process. Seems like conditions that are serious and require huge medical expense, the VA doesn't seem to want to acknowledge. Praying you get the rating you need and deserve to cover the expenses of your SC diseases.

Reddit- Here's hoping you have a swift response in your favor! Seems like after 15 years the VA would give up their shinanigans and do the right thing!!!! Gotta give you guys credit for keeping up the fight.

[Denmaint7]

I think we need to take this to the" DR Phils" out there. How can America knowingly allow the V.A. to play God with peoples lives and earned diginity and benefits. You bet your bottom dollar the general population and our resent oil spill showed how accountably can be if in the main stream medea. Most folks got a check and help within 90 days. In the V.A. world it is common still to have wwii vets waiting quietly and all the rest of us also waiting and playing to the pupit master. It just makes me mad and ashamed to have to work with the v.a.to get what me and my family earned. Sorry about my rant, to answer the question I personelly dont think any vet has gotten close to whats fair or "correct". The "first time" or multiple times requesting our fair due for what we have endured for our nation. I would love to see Hadit brothers and sisters on "Face the Nation" telling it like it is. That would be one to see! Denmaint7, concerned American

[mrp]

No. Still waiting for BVA hearing due to denial of initial claims at St. Pete RO in 2008.

unable to work since 2005, but cannot get IU unless claims awarded.

Gulf War related ; RO did not apply rules under "undiagnosed illness " criteria.

[AFMedic09]

mrp - Maybe a personal questions - ok - it is a personal question. But you are rated 70%. What claimes did they deny? You filed a NOD within the one year time frame (2009) and STILL have not had word back?!?!?!?!?!?

Anyone know what he can do to get some sort of movement on that? I would think at this point almost three years is ridiculous by anyone's measurment.

[mrp]

I filed the NOD and was denied again by DRO , despite having C+P exam saying condition was " at least as likely as not " due to service in Gulf War.

It was for Neuropathy ( of unknown cause ).

I was denied for IU because the claim was denied, and now that I have had some newer claims bringinging me to 70%, the RO has told me several times that I cannot

apply for IU on the newer claims because I still have an Appeal pending for IU. This seems crazy since I may have to wait years for the appeal even though I have newer conditions which would qualify me now without the older claim.

I had a lot of help from Jim Bunker ( NGWRC) to write my statements for the appeal, and I know this will help me once I get a BVA hearing.

but I don't know that anyone can speed the process of waiting for an appeal to go to BVA, and then waiting for it to be remanded by the RO. Too many years to wait.

[71M10]

Well I was chaptered out of the service December 24, 1987 for being a pound and 1/4 overweight (the LTC I worked for pissed off my 1SGT- and I was found lacking at an in-opertune time).

When I was processed for my ETS physical the doctor had me trot over to Beumont Army Medical Center for and additional set of chest x-rays and to see another doctor, this doctor looked me over, sent me down for another set of x rays and then a couple of days later I was told i was cleared for final outprocessing.

One of my last out processing stops was where they asked me if I had any SC injuries that I wanted to file a claim with the VA for. I indicated I had injured my back in 84 and it would lock up 2-3 times a year and I thought I might have a heart condition because of the multiple x-rays and additional doctors I had to see before being approved for out processing. At this point an NCO, a desk or two behind this clerk came up and indicated if I didn't have a diagnosis and filed a claim I would be commiting fraud. Paper work submitted with only back condition.

In February 1988 at my initial exam they had me fill out some paperwok and asked me to list my problems and the form indicated list symptoms only no diagnosis. I added after the afflictions my back injuries causes a note indicating request stress test and EKG. The doctor asked why I listed that and explained to him my ets physical and a abnormal EKG in Korea. He did his physical (only doing one BP reading). April 88 I received my letter from the VA telling me I was denied compensation because my "Bone Condition" was less than 5% disabling and I was awared SC and a 0% rating. I was also given a letter saying if you ever need medical treatment bring in this letter to you friendly VAMC and they will take care of you (praphrasing).

over the years my back got progressively worse and after two rounds of physical therapy co-payments and persciption costs I thought to myself, I should have the VA take care of this. Contacted the VAMC and was promptly told since I was SC at 0% I could not receive treatment, because they couldn't enroll me. This sent me on a quest to look into filling for an increase. The internet was very helpful - especially HADIT.

Filled my increase and requested my medical records and C-file. Found out in 1988 C&P physical 2 months after seperation, I already had arthritis throughout my Thoracic spine (only segment they looked at). I also found out I was diagnosed with hypertension in 86 (but not treated) and along with the EKG in Korea a doctor had opined on my x-ray that I had an enlarged right atriam. My ETS phyiscal and the x-ray reports taken in conjunction with it were not in my file. But they (VA or ARMY who knows) did forget to take the last page of my cronological medical record that indicated a physical had been performed. No one at the VA in 1987 even questioned that the ETS physical was missing. Was my initial award correct? No per CFR38 they should have x-rayed my cervical and lumbar spine to check for arthritis, they didn't because if arthirits was present they would have had to rate me at 10%. No one wanted to talk about or consider a cardiac condition, whether the VA or ARMY disappeared my ETS physical who knows, but the VA certainly didn't want to look for it!

In 2007 I received a rating of 40% for my T spine, NODed for cervical spine, dyspenya, urinary freaquency and radiculopathy

I filled in Oct 2007 for hypertension and enlarged heart and sleep apnea. Hypertension awarded at 10% in 2008.

NODed no rating for cardiomegaly, granted in 2010 at 60%

Cervical Spine awarded at 20% in 2011 along with loss of use creative organ 20%

Still waiting on Apnea (doctor opinion states started inservice(diagnosed 2000) was start of hypertension, weight problem and due to reported snoring and large neck size (army documented on tape test)) and Urinary rating.

Waiting to re-file on nueropathy when it progesses to the point to consistantly show up on EMG/Conduction test.

If I would have questioned things in 88 I should have received a higher rating then. I found it interesting that they used the generic code of 5099 "Bone condition" and didn't use the code for Arthritis. you tell a 22 year old he has arthritis he asks questions, tell him he has a bone condition and he nods his head and says OK.